Additional Discovery for Damages and Trial

After the preliminary injunction hearing, the parties are generally afforded a separate opportunity to engage in additional discovery to support their case at trial.

Certain common discovery devices that may be employed include:

• Deposition - a proceeding in which a witness or party is asked to answer questions orally under oath before a court reporter.
• Interrogatories - written questions sent by one party to the other party for the latter to answer in writing under oath.
• Request for admission - a request to a party that he admit certain facts. One party sends the other a request for admission so that basic issues the parties agree upon can be resolved and not have to be proven if the parties go to trial.
• Request for production of documents - a request to a party to hand over certain defined documents. In family law cases, parties often request from each other bank statements, pay stubs and other documents showing earnings, assets and debts.
• Subpoena - an order telling a witness to appear in court or at a deposition. A subpoena is issued by the court, and if the witness fails to comply, s/he can be held in contempt of court. A subpoena duces tecum requires the witness to bring specified documents with them to the deposition.

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